Chesapeake City City Zoning Code
PART 3
Development Plan Approvals
§ 120-3.1.1 Uses requiring site plans.
A.
Purpose. Site plans are required to assure good arrangement and appearance of new development; to ensure harmony with existing structures; to assure consistency with the Town's building and site design standards and the Comprehensive Plan; to provide an understanding of the impacts of proposed uses and development on public facilities and services and ensure the availability and adequacy of the same; and to otherwise meet the purposes of this chapter. All site plans, residential, commercial and industrial, must comply with the Chesapeake City, Maryland, Architectural Design Standards, adopted by resolution of the Town in 2006, as may be amended and revised from time to time.[1]
[Amended 9-9-2013 by Ord. No. 08.12.2013]
[1]
Editor's Note: The Architectural Design Standards are included as an attachment to this chapter.
B.
Category 1 site plans. Site plans for the following major uses including new construction or the relocation of a building shall be subject to review by the Planning Commission and shall be called Category 1 site plans:
(1)
All commercial or industrial buildings, complexes, and uses.
(2)
All institutional buildings and uses, including educational, governmental, recreational and religious.
(3)
All new construction or external alterations of buildings in a historic district.
(4)
All multiple-family dwellings, buildings, and complexes, and townhouses.
(5)
All mixed-use buildings and sites.
(6)
Temporary, carnival, festival and related uses when determined by the Zoning Administrator to have impacts that extend beyond the property of the principal use.
C.
Category 2 site plans. Site plans for the following uses which have a minor impact shall be subject to review by the Zoning Administrator and approval by the Planning Commission unless such authority is expressly delegated by the Planning Commission to the Zoning Administrator in the Commission's written procedures as provided in § 120-3.1.2B and shall be called Category 2 site plans:
(1)
Single-family detached dwellings, bed-and-breakfast facilities, accessory uses, and rehabilitation projects.
(2)
Additions to buildings, where review is deemed necessary by the Zoning Administrator.
(3)
Where an existing use is changing to another approved use in any zoning district.
(4)
Decks, porches, and other similar structures.
§ 120-3.1.2 Site plan processing procedures.
B.
Planning Commission to establish its procedures.
(1)
The Planning Commission shall establish its written procedures, checklists and application forms necessary to ensure the timely and proper review and processing of site plans and other plans consistent with this chapter. The Commission shall establish the number and acceptable format for the various types of plans submitted for review under this chapter.
(2)
In establishing its procedures, the Planning Commission may delegate to the Zoning Administrator project review and approval authority for any or all of the projects eligible for the administrative review procedures of § 120-3.1.7.
(3)
Procedures and application forms shall be made available at the office of the Zoning Administrator.
(4)
The Planning Commission may modify such procedures, checklists, and application forms from time to time.
(5)
The Planning Commission may prescribe specific conditions on its approval determined necessary to minimize effects of use on neighboring properties given identification of concerns specific to a particular site.
§ 120-3.1.3 Category 1 site plan processing procedures.
There are three primary stages in the Category 1 site plan process: concept, preliminary, and final.
A.
Concept stage. The purpose of the concept stage is to provide the Planning Commission with the opportunity to informally review a development proposal prior to the substantial commitment of time and expense on the part of the applicant in preparing a site plan.
(1)
No application for Category 1 site plan approval shall be accepted by the Town until:
(a)
A concept site plan package as provided for in § 120-3.1.4 is submitted for review by the Zoning Administrator.
(b)
Any required concept plan review fees have been paid.
(c)
The steps for concept site plan review as established by the Planning Commission are completed which shall include an application to the Cecil County Department of Public Works for review.
(2)
The Zoning Administrator shall review the concept site plan package for completeness and shall refer it to the appropriate individuals or agencies for review, comment, and/or approval prior to submitting it to the Planning Commission.
(3)
The applicant for site plan approval shall attend a meeting with the Zoning Administrator prior to submitting the concept plan to the Planning Commission. Consistent with the purpose of site plan review, the purpose of the meeting shall be to provide the Town with an opportunity to address issues or concerns with the concept plan, identify any impact studies that may be required, and provide direction to the applicant on the scope of such studies.
(4)
The Planning Commission shall hold one meeting on the concept plan to receive an informational briefing on the plan and the anticipated issues and impacts related thereto. The Planning Commission shall take no action to approve or disapprove a concept plan. Should the Planning Commission determine that the development project represented by the concept plan may have substantial impact on the physical, economic, or social environment, the Planning Commission may hold more than one meeting on the concept plan.
(5)
For all Category 1 site plans submitted for review, the Zoning Administrator shall submit verifiable notice to the applicant at least seven days before the day of the meeting to discuss the concept site plan and submit verifiable notice to all owners of property adjoining and immediately across the street from the subject property. Such written notice shall state the date, time, place, and subject matter of the meeting to discuss the concept site plan and the name of the applicant. Such notice shall be sent not less than seven days before the day of the meeting. The Planning Commission may provide for expanded public notification of its deliberations of site plans at its discretion.
(6)
The review and approval of stormwater management plans by the Cecil County Department of Public Works is required prior to final plan review. The applicant for the Town's site plan approval shall be responsible for coordinating the county's review and approval of stormwater management plans.
B.
Preliminary stage. The purpose of the preliminary stage is to provide the Planning Commission with the information necessary for it to take action to approve or disapprove a site plan. The Planning Commission shall review and take action to approve or deny all Category 1 site plans. Prior to acceptance of a preliminary site plan for review, the applicant shall provide the Zoning Administrator with the formal plan review comments from Cecil County.
(1)
Preliminary site plans meeting the submittal requirements of § 120-3.1.5 shall be submitted to the Zoning Administrator who shall review the plans for compliance with this chapter and the requirements for preliminary site plans and shall transmit said plans to the Planning Commission with his or her comments for review.
(2)
The Planning Commission shall examine the proposed development with respect to the traffic and circulation patterns and safety (internal and external), utilities, drainage, community facilities (existing or proposed), surrounding development (existing or future), the preservation of trees and historic sites, protection of natural environmental features and processes, provision for open space, streetlighting, recreational needs, safety of residents and neighbors, landscaping, architecture, compatibility with building, site and design standards, and, in general, with the objective of ensuring a durable, harmonious, and appropriate use of the land.
(3)
The Planning Commission shall take action to approve, approve with conditions, disapprove, or table pending further investigation and/or receipt of certain additional information, but shall take no action until the following has occurred:
(a)
The Zoning Administrator has reviewed the site plan and determined that it is complete and submitted his or her findings in writing to the Planning Commission.
(b)
The applicant has submitted any impact studies that may be required by Article 3.3 of this chapter and has obtained Town approval of such required studies.
(c)
Comments on the site plan from appropriate agencies and individuals have been requested and sufficient time has been provided for such agencies and individuals to provide comments.
(d)
The applicant has paid all appropriate preliminary site plan review and application fees to the Town.
(4)
No public hearing shall be required, but may be called at the option of the Planning Commission.
C.
Final stage. The purpose of the final stage is to ensure that all submittal requirements of final site plans as set forth in § 120-3.1.6 and that any required design and construction standards are specifically and accurately addressed, to ensure that all conditions of the Planning Commission's approval are specifically and accurately met, and to finalize any and all necessary formal agreements related to the project, which may include public works agreements and easement agreements, among others.
(1)
Final site plan approval shall be granted prior to the commencement of any development activity.
(2)
Final site plans shall be submitted to the Zoning Administrator who shall review the plans for compliance with this chapter and the conditions, if any, of Planning Commission approval. If specified conditions or stipulations are met in revised plans, the Zoning Administrator shall approve issuance of building permits in accord with the revision without returning the plans for further Planning Commission review.
(3)
When all review and approvals have been completed and documentation of such approvals provided to the Zoning Administrator, he/she and the Chairperson of the Planning Commission shall each sign the site plan to indicate completion of review and approval by the Town and to certify that conditions, if any, of site plan approval have been met. The applicant shall submit all local, county, state and/or federal approvals as may be required. No permit shall be issued until this approval has been given.
(4)
When a public works agreement is required, final approval shall not be certified until that public works agreement has been executed by the applicant and the Town.
D.
Project built to plan for occupancy permit.
(1)
The Zoning Administrator shall assure that the project is completed in conformance with the approved site plan before certifying the same. Upon such certification, Cecil County will issue a use and occupancy permit.
(2)
Before issuance of an occupancy permit, either all the work must be completed or, in the Town's discretion, all remaining work must be bonded.
§ 120-3.1.4 Contents of concept plan submittals.
The concept site plan package shall meet the requirements as to content and organization as may be established by the Planning Commission and at minimum shall include the following:
A.
Project concept plan. A scaled drawing showing the proposed development on a survey of the project boundaries. It shall show the project layout, proposed and existing land uses, open spaces, circulation routes and points of access to the adjacent street network, and main design features. If phasing is proposed, a master plan for the entire project shall be shown. Drawings shall be 24 inches by 36 inches. Scale shall be no less detailed than one inch equals 100 feet and shall show adjacent streets and adjacent property owners. A vicinity map at a scale no less detailed than one inch equals 1,000 feet shall be included which shows the location with respect to neighborhood streets. Typical architectural elevations shall be included.
B.
Project area schematic. A scaled drawing or GIS aerial photograph showing the main features of the project in relationship within the neighborhood. Included in the drawing shall be existing infrastructure within at least 1,000 feet, including streets, intersections, water, sanitary sewer, and storm drains. Scale shall be no less detailed than one inch equals 400 feet for large projects and one inch equals 200 feet for small projects. Drawings shall be no larger than 24 inches by 36 inches.
C.
Site investigation report. A report providing information and data on the physical and environmental characteristics of the site, the proposed uses and utility demands, anticipated impacts of the proposed development on neighboring properties, area infrastructure and services, recreational resources and other public facilities, compliance with the Town Comprehensive Plan, and the proposed architectural and design character, which shall be in accordance with the Chesapeake City, Maryland, Architectural Design Standards, adopted by resolution of the Town in 2006, as may be amended and revised from time to time.[1] The site investigation report shall follow the format established by the Planning Commission as may be amended from time to time and shall address each of the following:
[Amended 9-9-2013 by Ord. No. 08.12.2013]
(1)
Site data summary chart. Tax map and parcel number, Planning Commission case numbers and prior approvals, Board of Appeals case numbers and prior approvals, zoning classification (including critical area designation if applicable), proposed zoning, allowable density, proposed density, total site area, flood zone, wetlands (state and federal), number of proposed lots, number of proposed units and types, availability of utilities, zoning setback requirements, zoning lot size requirements, maximum building height allowed by zoning, open space required by zoning and proposed open space, use of open space, parking required by zoning and proposed parking. Provide breakdown for each phase or land use as appropriate.
(2)
Land use overview. Provide narrative of existing site conditions and provide legible copy of Cecil County Soil Map with outline of property sketched on it. Describe existing context and highlight any issues regarding marginal site conditions, including topography, hydric soils, existing drainage patterns, standing water, culverts, ditches, wetlands or sensitive areas.
(3)
Traffic access overview. Provide narrative of existing roads, lanes, width, material, condition, curb, sidewalk, and off-site improvements needed to accommodate the project. If project is known to require a State Highway Administration (SHA) traffic study, provide summary information and study schedule.
(4)
Utility demands and services overview. Provide narrative on conditions and capacity of sanitary sewer, public water, gas, and electric, and describe any off-site improvements needed.
(5)
Stormwater management overview. Provide narrative on types of best management practices to be used, proposed conveyance and management techniques and a summary of any off-site improvements needed.
(6)
Construction phasing overview. Provide narrative of time of construction and estimate the number of anticipated building permits per year.
(7)
Provide narrative of recreational needs and opportunities if the project is residential.
[1]
Editor's Note: The Architectural Design Standards are included as an attachment to this chapter.
§ 120-3.1.5 Contents of preliminary site plan.
The applicant is responsible for preparing a preliminary site plan. As directed by Planning Commission guidance, the preliminary site plan shall be submitted as a multiple sheet document with drawings on sheets no larger than 24 inches by 36 inches and at scales no less detailed than one inch equal to 100 feet.
A.
Order of plan sheets. Preliminary site plans submittals shall adhere to the order of plan sheets established by the Planning Commission with any additional required details and plan drawings inserted into the order prescribed by the Town.
B.
Contents. The preliminary site plan shall show the North point, scale, date, and the following:
(1)
The seal and signature of a licensed professional land surveyor and/or the seal and signature of a licensed engineer or landscape architect as appropriate.
[Amended 5-22-2023 by Ord. No. 2023-003]
(2)
Revision block on each sheet to accurately disclose any drawing revisions made after the first submittal for preliminary plan review.
(3)
A key and overview plan for multistage projects.
(4)
Geographical location, showing existing zoning district boundaries.
(5)
Existing zoning classification on the site and adjacent sites.
(6)
Topographic contours at a minimum of 1/2-foot intervals unless waived by the Zoning Administrator as clearly unnecessary to review the project or proposal.
(7)
The location and nature of all proposed construction, excavation or grading, including but not limited to buildings, streets and utilities.
(8)
A grading plan (horizontal) conforming to requirements of Cecil County standards.
(9)
A utility plan (horizontal). It shall show all existing and proposed water and sanitary sewer facilities, indicating all pipe sizes, types and grades, and the location of all connections to the utility system.
(10)
Where deemed appropriate and necessary by the County Department of Public Works, provisions for the adequate management of natural water and stormwater.
(11)
Where deemed appropriate and necessary by the County Department of Public Works, provisions for the adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures that will be implemented during all phases of clearing, grading, and construction.
(12)
A landscape and lighting plan including location and details of signage.
(13)
A parking plan, showing all off-street parking, related driveways, loading spaces and walkways, indicating type of surfacing, size, angle of stalls, width of aisles and a specific schedule showing the number of parking spaces provided and the number required by this chapter.
(14)
Architectural elevations in color including at least one presentation board of no smaller than 24 inches by 36 inches.
(15)
Preliminary street profiles and cross sections for streets and curbing. All existing and proposed streets and easements including widths.
(16)
Approximate location of points of ingress and egress to existing public streets and highways; if ingress or egress is onto a state-maintained roadway, an accompanying letter from the Maryland State Highway Administration indicating preliminary approval shall be required.
(17)
All existing easements of any kind. If easements are to be granted, a separate and preliminary easement plat shall be provided.
(18)
The number of construction phases proposed, if any, with the site plan showing the approximate boundaries of each phase, and the proposed completion date of each phase.
(19)
A tabulation of total number of acres in the project, gross or net as required in the district regulations, and the percentage thereof proposed to be devoted to the several dwelling types, commercial uses, other nonresidential uses, off-street parking, streets, parks, schools and other reservations.
(20)
Number of dwelling units to be included by type of housing: apartments of three stories and under; apartments over three stories; single-family dwellings; townhouses; and two-family dwellings. The overall project density in dwelling units per acre, gross or net as required by district regulations.
(21)
Proposed buildings and structures with dimensions, setbacks and heights designated including floor areas of all nonresidential buildings and the proposed use of each.
(22)
Approximate location and size of nonresidential areas, if any (parking areas, loading areas or other).
(23)
Approximate location and size of recreational areas and other open spaces.
(24)
Existing vegetation, proposed removal of vegetation, and proposed replacement of vegetation.
(25)
Location, type, size and height of fencing, retaining walls, and screen planting.
(26)
Location, orientation, design, and size of signs, if any.
(27)
The Planning Commission may establish additional requirements for preliminary site plans and may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the project.
§ 120-3.1.6 Contents of final site plan.
The applicant is responsible for preparing the final site plan. The final site plan shall comply with all existing laws, regulations, and ordinances governing the approval of site plans and provide sufficiently accurate dimensions and construction specifications to provide the data necessary for the issuance of building permits.
A.
Final plan shall be as required. In addition to meeting the submittal requirements of a preliminary site plan, final site plan shall meet all specific plan submittal requirements of the Town and Cecil County as appropriate.
B.
Final plan shall comply with conditions of approval. Submittals shall demonstrate compliance with any conditions of site plan approval and shall include all necessary approvals from any local, county, state, and federal agency.
C.
Adding or waiving submittal requirements. As a condition of site plan approval, the Planning Commission may establish additional submittal requirements for a final site plan and may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the project.
D.
Order of plan sheets. Final site plan submittals shall adhere to the order of plan sheets established by the Planning Commission with any additional required details and plan drawings inserted into the order prescribed by the Town.
§ 120-3.1.7 Administrative plan review procedures.
Administrative plan review is for projects with relatively minor impact, which require less information and can be reviewed and approved in a shorter time. In administrative plan review, the Planning Commission is the approving authority unless it has delegated such authority to the Zoning Administrator through establishment of its project review and approval procedures. Administrative plan review is for Category 2 site plans as provided in § 120-3.1.1C, minor subdivisions, lot line adjustments, and conversions of existing deeded lots to parcels.
B.
Action by approving authority. Plans requiring administrative review shall be submitted to the Zoning Administrator who shall review the plans for compliance with this chapter.
(1)
If the approving authority finds that such plans meet the intent of this chapter and are consistent with the Comprehensive Plan, then he/she shall affix his/her signature on the plan(s) certifying approval.
(2)
If the approving authority finds that the plan does not meet the intent of this chapter and/or is not consistent with the Comprehensive Plan and the Town's adopted building and site design standards, then he/she shall deny approval and transmit that decision in writing to the applicant.
(3)
The approving authority shall not take action to approve or deny a plan requiring administrative review until the following has occurred:
(a)
The Zoning Administrator has reviewed the plan and determined that it is complete.
(b)
The applicant has submitted any impact studies that may be required by Article 3.3 of this chapter and has obtained Town approval of such required studies.
(c)
Comments on the plan from appropriate agencies and individuals have been requested and sufficient time has been provided for such agencies and individuals to provide comments.
(d)
The applicant has submitted all local, county, state and/or federal approvals as may be required.
§ 120-3.1.8 Contents of plans for administrative review.
Plans for administrative review shall comply with all existing laws, regulations, and ordinances governing development approval and provide sufficiently accurate dimensions and construction specifications to provide the data necessary for the issuance of a building permit.
A.
Professional seal may be required. As may be required by the Zoning Administrator, the seal and signature of a licensed professional land surveyor and/or the seal and signature of a licensed engineer or landscape architect.
[Amended 5-22-2023 by Ord. No. 2023-003]
B.
Contents. The plan shall show the North point, a scale not to exceed one inch equals 40 feet, the date and the following:
(1)
All existing property lines with dimensions.
(2)
If converting an existing deeded lot to a new parcel, old lot lines with dimensions and numbers shall be shown.
(3)
If site plan includes a proposed minor subdivision or lot line adjustment, proposed lot lines with dimensions shall be shown.
(4)
All setbacks lines.
(5)
All existing structures (dimensions, total square footage, distance from property lines).
(6)
Zoning classification (property and adjoining properties).
(7)
Proposed signs, if applicable.
(8)
Proposed building elevations of all sides visible from the public right-of-way, if applicable.
(9)
Proposed landscaping if applicable.
(10)
All existing and proposed driveway/parking spaces/interior roadway areas and dimensions, if applicable.
(11)
For a change of use and/or addition, interior layout with dimensions to include existing and proposed uses.
(12)
Other information as may be required by the Zoning Administrator or Town Engineer to adequately review the plan.
(13)
Sanitary sewer, public water, and storm drain locations, including the location of all lines and ties-ins.
(14)
All existing and proposed easements and rights-of-way, if applicable.
§ 120-3.1.9 Amendment of approved site plan.
Amendments to an approved site plan shall be submitted to the Zoning Administrator with an appropriate application. The Zoning Administrator shall determine at that time the appropriate fee amount and payment schedule, if any, which shall apply.
A.
Major or minor amendment. The Zoning Administrator shall determine if the proposed amendment is major or minor or if it instead constitutes a substantive change. Upon a finding that a proposed amendment constitutes a substantive change rather than an amendment as provided below, the Zoning Administrator shall return the application to the applicant.
(1)
A minor amendment is a modification that does not change the intensity of the use or alter the traffic pattern.
(2)
A major amendment is a modification that modestly changes the intensity of the use or alters the traffic pattern or the demand on area infrastructure or materially, but not substantively, changes the open space, building location, and building and/or site design.
(3)
Substantive changes to an approved site plan are not amendments under the terms of this section and shall not be processed as such. An applicant who wishes to move forward with a substantive change to an approved site plan shall be required to prepare and submit a new site plan for review and approval. Substantive changes to an approved site plan include but are not limited to the following:
(a)
Proposals for a different type of housing or commercial development than contemplated in the original, approved site plan approval or in any comparable change which would materially impact the estimated public service costs or tax revenues associated with the approved development to the detriment of the Town.
(b)
Substantive changes to the pattern and location of buildings or layout of streets, access points, or utilities and infrastructure.
(c)
Any change which would materially detract from the quality of the natural environment, materially intensify the impact to area infrastructure, or materially detract from the economies of providing public services or facilities to the contemplated development.
(4)
The Planning Commission or Zoning Administrator is under no obligation to approve an amendment to an approved site plan. In reviewing said request, the Planning Commission or Zoning Administrator shall take into consideration changes to and the status of area land use development, infrastructure, and the Town's Comprehensive Plan which may have occurred between the time the site plan was approved and the request for an amendment.
B.
Major amendment to Category 1 site plan. If the site plan to be amended is a Category 1 site plan and the amendment is determined to be major, the applicant shall submit new drawings to the Zoning Administrator, who shall distribute the drawings to the appropriate agencies or individuals for comment. Obtaining agency approvals other than the Town shall be the responsibility of the applicant. The proposed amendment shall be approved or denied by the Planning Commission.
C.
Minor amendment to Category 1 site plan. If the site plan to be amended is a Category 1 site plan and the amendment is determined to be minor, the applicant shall indicate the change on the previously approved plan and submit the amended plan to the Zoning Administrator who may distribute the plan to the appropriate agencies or individuals for comment. The Zoning Administrator may approve or reject the amendment or, at his/her discretion, transmit the amended plan to the Planning Commission for its review and decision.
D.
Amendment to Category 2 site plan. The Zoning Administrator shall approve or reject any amendment to a Category 2 site plan unless it is found to be a substantive change under § 120-3.1.9A(3).
§ 120-3.1.10 Expiration of approved site plan.
A site plan approval shall become null and void unless a building permit has been issued for the proposed development within two years from the date of the approval. The Planning Commission may for good cause grant a one-year extension for a Category 1 site plan upon consideration of the criteria set forth in § 120-3.2.3A(3) of this chapter. The Zoning Administrator may for good cause grant a one-year extension for a Category 2 site plan upon consideration of the criteria set forth in § 120-3.2.3A(3) of this chapter. The applicant must request an extension at least 30 days prior to the expiration date.
§ 120-3.2.1 Subdivision review and approval.
A.
Purpose. Subdivisions plats prepared and approved in accordance with the provisions of this chapter shall be required to assist in the review of applications for land subdivision and to assure compliance with all applicable requirements. All subdivision plans shall comply with the Chesapeake City, Maryland, Architectural Design Standards, adopted by resolution of the Town in 2006, as may be amended and revised from time to time.[1]
[Amended 9-9-2013 by Ord. No. 08.12.2013]
[1]
Editor's Note: The Architectural Design Standards are included as an attachment to this chapter.
B.
Applicability. No land in a subdivision shall be sold or offered for sale nor shall a building permit be issued for a structure thereon until a final plat of such subdivision has been recorded per this chapter and the improvements required in connection with such subdivision have either been constructed or guaranteed per this chapter.
C.
Major and minor subdivisions administration.
§ 120-3.2.2 Subdivision processing procedures.
There shall be three stages in the review and approval of a major subdivision: concept, preliminary, and final plat.
A.
Concept stage. The purpose of the concept stage is to provide the Planning Commission with the opportunity to informally review a subdivision proposal prior to the substantial commitment of time and expense on the part of the applicant in preparing a preliminary plat.
(1)
No application for subdivision approval shall be accepted by the Town until:
(a)
A concept subdivision plat meeting the content submittal requirements of § 120-3.2.4 of this chapter is submitted for review by the Town.
(b)
Any required concept plat review fees have been paid.
(c)
The steps for concept subdivision plat review as established by the Planning Commission are completed.
(2)
Within 30 days of receiving a subdivision concept plat, the Zoning Administrator shall review the concept for completeness and inform the applicant and Planning Commission of his/her findings.
(3)
The Zoning Administrator shall refer the concept plat to the appropriate individuals or agencies for review and/or comment prior to submitting it to the Planning Commission.
(4)
The applicant shall attend a meeting with the Zoning Administrator prior to submitting the concept plat to the Planning Commission. The purpose of the meeting shall be to provide the Town with an opportunity to address issues or concerns, identify any impact studies that may be required, and provide direction to the applicant on the scope of such studies.
(5)
The Planning Commission shall hold at least one meeting on the concept plat to receive an informational briefing on the plat and the anticipated issues and impacts related thereto. The Planning Commission shall take no action to approve or deny a concept plat. Should the Planning Commission determine that the development project represented by the concept plat may have substantial impact on the physical, economic, or social environment the Planning Commission may hold more than one meeting on the concept plat.
(6)
For all major subdivision plats submitted for review, the Zoning Administrator shall:
(a)
Submit written notice to the applicant by first-class mail, such to be postmarked at least seven days before the day of the Planning Commission meeting to discuss the concept site plan; and
(b)
Submit written notice to all owners of property adjoining and immediately across the street from the subject property. Such written notice shall state the date, time, place, and subject matter of the meeting to discuss the concept plat and the name of the applicant. Such notice shall be sent by first-class mail and be postmarked not less than seven days before the day of the meeting.
(7)
The Planning Commission may provide for expanded public notification of its deliberations on subdivision plans at its discretion.
B.
Preliminary stage. The purpose of the preliminary subdivision review stage is to provide a basis for the Planning Commission to take formal approving action with respect to the proposed subdivision in order to minimize changes and revisions which might otherwise be necessary on the final subdivision plan. The Planning Commission shall review and take action to approve, approve with conditions, or deny all preliminary subdivision plats.
(1)
Preliminary subdivision plats meeting the submittal requirements set forth in § 120-3.2.4 of this chapter shall be submitted to the Zoning Administrator who shall review the plats for compliance with this chapter and the requirements for preliminary plats and shall transmit said plats to the Planning Commission with his or her comments for review. Applications found to be incomplete shall be returned to the applicant.
(2)
The Planning Commission shall examine the proposed subdivision with respect to the traffic and circulation patterns and safety (internal and external), utilities, stormwater management, community facilities (existing or proposed), surrounding development (existing or future), the preservation of trees and historic sites, protection of natural environmental features and processes, provision for open space, streetlighting, recreational needs, safety of residents and neighbors, landscaping, architecture, compatibility with building site and design standards, and, in general, with the objective of ensuring a durable, harmonious, and appropriate use of the land and consistency with the Comprehensive Plan.
(3)
The Planning Commission shall take action to approve, approve with conditions, or deny approval, but shall take no action until the following has occurred:
(a)
The Zoning Administrator has reviewed the subdivision plat and determined that it is complete and submitted findings to that effect in writing to the Planning Commission.
(b)
The applicant has submitted any impact studies that may be required and has obtained Town approval of such studies, where required.
(c)
Comments from appropriate agencies and individuals have been requested and sufficient time has been provided for such agencies and individuals to provide comments.
(d)
The applicant has paid all appropriate preliminary subdivision review and application fees to the Town.
(4)
A public hearing shall not be required but may be called at the option of the Planning Commission.
(5)
Planning Commission action. The Planning Commission shall act for approval, conditional approval with conditions noted, postponement, or disapproval. Reasons for all actions shall be stated in the decision of the Planning Commission. The following actions shall have the meanings so stated:
(a)
"Approval" means that the developer is authorized to proceed with the preparation of a final plat. Preliminary plat approval grants an applicant one year within which to submit a final plat.
(b)
"Conditional approval" means that the applicant may proceed with a final plat, but only after the preliminary plat has been corrected to reflect all conditions placed on the plat by the action of the Planning Commission. Actual approval shall not be made until the Planning Commission finds that all such conditions have been satisfied.
(c)
"Postponement" means Planning Commission action is delayed for definite reasons which the Planning Commission shall record in writing.
(d)
"Disapproval" means disapproval of the plat. For any further action, the developer must file a new application meeting the submittal requirements along with the required filing fees.
C.
Final stage. The final subdivision plan shall consist of a drawing intended for recordation, incorporating those changes or additions required by the Planning Commission in its approval of the preliminary subdivision plat.
(1)
Final subdivision plats shall be submitted to the Zoning Administrator who shall review the plats for compliance with this chapter and the conditions, if any, of Planning Commission approval. If specified conditions or stipulations of the preliminary plat approval are not met in revised plans, the Zoning Administrator shall return the plat to the applicant.
(2)
When all review and approvals have been completed and documentation of such approvals provided to the Zoning Administrator, he or she and the Chairperson of the Planning Commission shall each sign the final plat to indicate completion of review and approval by the Town and to certify that conditions, if any, of plat approval have been met and that the applicant has submitted all local, county, state and/or federal approvals as may be required. No permit shall be issued until this approval has been given.
(3)
When a public works agreement is required, the Zoning Administrator and Chairperson of the Planning Commission may not certify final plan approval until that public works agreement has been signed by the applicant and the Town.
§ 120-3.2.3 Expiration and extension of preliminary plat approval.
A.
Grant of extension.
(1)
A preliminary plat approval grants the applicant one year in which the applicant shall submit the final plat.
(2)
Before expiration of the approval, the Planning Commission may grant an extension for just cause, with extension periods no greater than one year at a time. The applicant shall request an extension at least 30 days prior to the deadline date for submittal of a final plat.
(3)
In connection with a request for extension, the Planning Commission shall consider the following:
(a)
Whether a lawful change in the neighborhood of the property has made the subdivision, as originally approved, incompatible with neighboring properties or presented impacts to neighboring properties and infrastructure not foreseen before such land use change occurred;
(b)
Whether a change in the street and highway plan or the plan for any public facilities and/or services or the projected impact of area development on streets, highways, water and sewer and other facilities has made the subdivision, as originally proposed, problematic;
(c)
Any change in zoning and/or subdivision regulations; and
(d)
Any changes in the Town Comprehensive Plan.
B.
Changes may be required. In conjunction with an approved extension, the Planning Commission may require that changes in the plat be made upon finding that time has necessitated changes for the benefit of the public health, safety, and welfare.
C.
Expiration of extension period. Upon expiration of any extension period approved herein, the plat shall be deemed disapproved by the Planning Commission.
D.
Approved plats exempted from regulatory changes. Any approved preliminary plat or any plat continued for further study by the Planning Commission shall be exempted from changes in the regulations governing subdivisions for a period of two years from the date of approval of the preliminary plat. Exemptions from changes in the subdivision regulations shall not be extended, even if the preliminary plat is extended as provided above.
§ 120-3.2.4 Submittal requirements.
A.
Concept plat requirements. The concept subdivision plat package shall meet the requirements as to content and organization as may be established by the Planning Commission and at minimum shall include the following:
B.
Preliminary plat requirements.
(1)
Order of plan sheets. Preliminary subdivision plat submittals shall adhere to the order of plan sheets established by the Planning Commission with any additional required details and plan drawings inserted into the order prescribed by the Town.
(2)
Contents of preliminary plat:
(a)
The applicant shall submit a preliminary subdivision plat to show the nature and extent of all contemplated improvements and lot subdivisions, to be developed from the concept plat and each of the specific contents set forth in § 120-3.1.5B of this chapter.
(b)
The plat shall be a multiple sheet document with drawings on sheets no larger than 24 inches by 36 inches and at a scale no less detailed than one inch equal to 100 feet. Submittals shall meet specific technical requirements as may be set forth in the Town design and construction standards.
(c)
A preliminary plat shall show the location of all existing and proposed recorded easements and rights-of-way that affect the property and a citation of any recorded easements, restrictions, reservations or covenants that affect the property.
C.
Final plat requirements. The applicant shall prepare and submit a final subdivision plat. The final plat shall comply with all existing laws, regulations, and ordinances governing the approval of subdivision plats and provide accurate dimensions and construction specifications to provide the data necessary for the issuance of building permits.
(1)
In addition to meeting the submittal requirements of a preliminary subdivision plat, the final plat shall meet all specific technical plan submittal requirements as may be required by the Town.
(2)
Submittals shall demonstrate compliance with any conditions of preliminary plat approval and shall include all necessary approvals from any local, county, state, and/or federal agencies.
(3)
As a condition of final plat approval, the Planning Commission may establish additional submittal requirements for a final plan and may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the project.
(4)
Final subdivision plat submittals shall adhere to the order of plan sheets required of preliminary plats as provided in this chapter with any additional required details and plan drawings inserted into the order prescribed by the Town.
D.
Platting as pertains to the original tract.
(1)
The Planning Commission shall require that the remaining original tract be shown as stated in the appropriate subsection below.
(a)
If less than five acres of land remain in the original tract after the lots are excluded then the entire tract (lots and the remainder) must be platted.
(b)
If more than five acres of land remain in the original tract after the lots are excluded then the owner is not required to plat the remaining acreage.
(2)
The owner is required to submit a plan showing the entire acreage and the location of lots being platted and any previous platted lots. The owner is required to keep this plan current with the process of subdivision approval and platting.
§ 120-3.3.1 Impact studies may be required.
A.
Impact studies. To assist the Planning Commission and Zoning Administrator to determine the nature and extent of off-site impacts of a proposed development they are authorized to review, both are authorized to require applicants for development plan or plat approval, or for extensions of approved plans or plats, to prepare studies of the impacts of proposed development on such factors including Town infrastructure, such as water and sewer, streets, and highways in the Town and in the vicinity of the development, the Town's fiscal and budget conditions, and area environmental conditions, including considerations related to light, air, viewsheds, and the flow and quality of water.
B.
Reasonable standards. The Planning Commission and Zoning Administrator shall find that such studies meet reasonable professional and technical standards before accepting them for review. The Town may establish written standards and specifications for the scope and detail necessary for any required studies.
C.
Studies submitted prior to approval. If impact study plans are determined to be required, no preliminary site plan or subdivision plat shall be approved nor shall an approved plan be extended prior to such studies being completed to the satisfaction of the Planning Commission or other approving authority or appropriate official.
§ 120-3.4.1 Annexation review.
A.
Applicability. No annexation resolution shall be acted on by the Town Council until the Planning Commission shall have had the opportunity to review the proposed annexation and the concept development plan, if applicable as may be required by § 120-3.4.2 of this chapter, and provide a recommendation to the Town Council.
B.
Planning Commission review. The Planning Commission shall make findings of fact with respect to the each of the following and shall forward such findings along with its recommendation to the Town Council for its consideration:
(1)
The degree of conformance of the proposed annexation to the Comprehensive Plan in general and the plan's adopted Municipal Growth Element in particular.
(2)
The existing and future availability of public facilities and services to meet the demands of development which would be allowed under the recommended zoning of the annexation property.
(3)
The viability and practicality of public and/or private plans to extend, enlarge, or otherwise make existing Town facilities and services and other utilities and services available to the annexation property.
(4)
The impact of the contemplated development of the annexation property on the Town's fiscal condition and budget.
C.
Planning Commission recommendation.
(1)
The Planning Commission's written recommendation to the Town Council on each annexation shall address the following:
(a)
Whether the annexation should be approved or denied by the Town Council and any conditions related thereto.
(b)
If applicable, whether the concept development plan is favorable and what changes if any should be made thereto prior to approval of the annexation.
(c)
The impact of the annexation on the planning and timing of infrastructure and the Town's budget plan for infrastructure development.
(2)
The Planning Commission shall propose a zoning classification for the property.
§ 120-3.4.2 Annexation concept development plan.
A.
Concept plan required.
(1)
A concept development plan, prepared to standards established by the Planning Commission, shall be required to assist the Town in the review of any proposed annexation wherein the Town is not the initiating party.
(2)
Where applicable, a concept development plan shall be officially introduced by the Town Council along with the annexation resolution, it shall be made part of the official record of the public hearing on the annexation and it shall be recorded in the land records of Cecil County by the applicant upon annexation.
B.
Exceptions to required concept development plan. The following two conditions must be found by the Town Council to be met, if an annexation is to proceed without a concept development plan:
(1)
The eventual use of the property and its impact on its neighborhood is constrained by its relatively small size, and the proposed zoning is fully consistent and compatible with the surrounding land use pattern; and
(2)
Adequate safeguards can be set forth in the text of an annexation agreement to ensure that the Town's interests are protected and advanced.
C.
Future development to conform to concept development plan.
(1)
When a site plan or subdivision plat is proposed for a property which was the subject of an annexation concept development plan, the plan or plat shall substantively conform to the annexation concept development plan.
(3)
The Planning Commission may accept a site plan or subdivision plat for review that does not substantively conform with a required annexation plan if each of the following conditions is met:
(a)
The Planning Commission first holds a public hearing wherein the applicant shall be asked to explain the proposed deviations;
(b)
The Planning Commission finds that the proposed deviations are not inconsistent with the Town Comprehensive Plan;
(c)
The proposed deviations would not materially impact the ability of the Town to provide public water and sanitary sewer services or other services and facilities; and
(d)
The proposed deviations would not require a change in the zoning district to implement.
(4)
The Planning Commission is under no obligation to approve a plan or plat that deviates from an annexation concept development plan but, provided the conditions in Subsection C(3) above are met, it shall review the plan or plat under the standard processing procedures provided for in this article.
D.
Standards for substantial conformance. The Planning Commission shall apply the standards in this subsection below in determining if a site plan or subdivision plat is in substantial conformance with its annexation concept plan, if applicable. To be found in substantial conformance, a development plan shall not:
(1)
Propose a land use, a pattern of residential densities, or an arrangement of land uses other than that shown on the concept development plan.
(2)
Propose a different type of housing or commercial development which would in the judgment of the Planning Commission:
(3)
Result in the reduction of more than 3% or 1/2 acre (whichever is the lesser) of the land area collectively planned to be set aside for natural area preservation, buffering, forest conservation, common open space, and/or recreation.
(4)
Increase the number of dwelling units by more than 5% for any residential project of 100 units or fewer, or more than 3% for any residential project of more than 100 dwelling units.
(5)
Increase the square footage of nonresidential building space in a manner which would in the judgment of the Planning Commission materially increase the impact to the natural environment or materially intensify the impact to area infrastructure and/or public services or affect the ability of public service providers to adequately serve the proposed development.
(6)
Increase the amount of impervious surface area by more than 5% for any project less than 40 acres in size or by more than 3% for any project larger than 40 acres.
(7)
Materially change the arrangement of streets, sidewalks, and trails, the general location of intersection(s), and the proposed access/circulation plan for the site.
(8)
Change in any material way the extent, scale, provision, or timing of any off-site infrastructure project required or contemplated by the concept development plan or annexation agreement if applicable.